Pragati Capital And Finance Pvt. Ltd. v. M/S. R.J. Constructions Partnership Firm Mr. Mohanlal G. Joshi And ORS.

12-FA-1135-2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1135 OF 2014 Pragati Capital and Finance Pvt. Ltd.

...Appellant Vs M/s. R.J.Constructions Partnership Firm Mr. Mohanlal G. Joshi and Ors.

...Respondents

...

Mr. Mehul A. Shah for the Appellant.

Mr. Shabbir Jariwala i/by M/s. Thakore Jariwala and Associates for Respondent Nos.1 and 3.

CORAM : SANDEEP K. SHINDE J.

DATE : APRIL 13, 2022.

P.C. :

Heard learned counsel for the appellant and learned counsel for respondent nos.1 and 3. They have placed on record 'Consent Terms', whereby appellant/original plaintiff confirms and declares that, it has no claim of any nature against the respondents in First Appeal No.1135 of 2014 (Paragraph 6 of the Consent Terms). Vide Clause No. 9, appellant has withdrawn the appeal against remaining respondents. 'Consent Terms' are taken on record and marked "X-1" for Identification. In terms thereof (Clause 3), decree Shivgan 1/2

12-FA-1135-2014.odt th July, 2014 passed in Short Cause Suit No.7073 of 2005 by dated 24 the City Civil Court, Greater Bombay is set aside and the Suit No.7073 of 2005, stands withdrawn. Parties to the 'Consent Terms' admit contents and their approval. They are identified by their respective advocates. First Appeal is disposed of in the aforesaid terms.

(SANDEEP K. SHINDE, J.) Shivgan 2/2